- 10 - When it eventually became apparent that payment from Mr. Fields would not be forthcoming, petitioner’s case was reset for trial at the Court’s trial session commencing on December 3, 2001, in Houston, Texas. When the case was called from the trial calendar, the parties filed a supplemental stipulation of settled issues, pursuant to which (1) respondent conceded 50 percent of the remaining business expense deductions at issue, (2) petitioner conceded the section 6015(c) issue, and (3) petitioner reserved her right to file a motion for litigation costs under section 7430. Discussion I. Overview of Section 7430 A. Relevant Provisions Section 7430 provides that, if certain conditions are met, a taxpayer who prevails against the United States in any tax proceeding (administrative or judicial) may recover reasonable costs incurred in connection with such proceeding.4 Section 7430(c)(4)(B) provides that a taxpayer shall not be treated as the prevailing party in any such proceeding if the United States establishes that its position in the proceeding was substantially justified. In his objection to the motion, respondent seeks to establish that his position in this litigation was substantially 4 Petitioner does not seek costs incurred in connection with the administrative phase of this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011